Category: King County

Resentencing Hearings Begin to Address Some “Three Strikes” Life Sentences

Russell Harvey attends his resentencing hearing via Zoom on June 3, 2021.

By Paul Kiefer

At the end of an emotional hearing on Wednesday, Russell Harvey still looked nervous. The 60-year-old sat facing a webcam in an office at the Monroe Correctional Complex in Snohomish County—his beige uniform matching the empty wall behind him—as King County Superior Court Judge David Steiner signed the paperwork releasing Harvey after more than two decades in prison.

Just before Judge Steiner ended the hearing, Harvey leaned closer to the computer in front of him. “Thank you, Judge. I’m sure it was a tough decision.”

“It wasn’t,” Steiner replied.

Harvey is the second inmate in King County to be resentenced under a new Washington law that retroactively removes second-degree robbery from the list of offenses targeted by the state’s “three-strikes” statute, which imposes a life sentence without parole for so-called “persistent offenders.” In 1993, Washington became the first state in the country to adopt a three-strikes policy; at the time, the measure received broad bipartisan support.

But some Washington lawmakers are now trying to correct the long-term consequences of the “tough on crime” era, including by reconsidering the state’s harsh sentencing guidelines for nonviolent crimes. The bill that led to Harvey’s release, sponsored by Sen. Jeannie Darnielle (D-27, Tacoma), is only one element of the broader push to address excessive sentences, but for both incarcerated people and the King County Prosecutor’s Office, the new law is the culmination of more than a decade of advocacy.

“For a long time, you had to be able to prove that there were ‘exceptional’ circumstances to get someone released. And our office was arguing that life sentences for second-degree robbery were ‘exceptional’ in and of themselves—in a bad way.”—Carla Lee, King County Prosecutor’s Office

Twenty-four years ago, a King County Superior Court judge sentenced Harvey to life in prison after his third arrest for second-degree robbery, which—unlike other three-strikes offenses like rape and manslaughter—generally doesn’t involve a weapon or injury to another person. In the early years of his sentence, Harvey told the court, he repeatedly clashed with prison administrators and spent time in an “intensive management unit”—in other words, solitary confinement.

One of his trips to “the hole” brought him to breaking point, Harvey said. “I called my mom and I asked her what I should do,” he told the court in his opening remarks. “The disappointment in my mom’s voice—there’s no mistaking it. … She basically just hung up on me, right after she asked, ‘when are you going to learn?’ I didn’t want to be affecting people like that. That was when I hit rock bottom.” Harvey’s mental health suffered; according to his attorney, Susan Hacker, Harvey struggled through a series of “trials and errors” by prison medical staff who tried to prescribe him medication after diagnosing him with depression.

But in 2009, Harvey’s case caught the attention of the King County Prosecutor’s Office, which was assembling a list of inmates serving life sentences for three-strikes offenses involving at least one second-degree robbery with the goal of bringing their cases before Washington’s clemency board. That list grew to 45 names. Nearly two dozen received clemency, but Harvey was not among them.

Then, in 2020, the state legislature passed a law giving prosecutors the discretion to request resentencing for people whose original sentences no longer serve the “interest of justice.” In response, the King County Prosecutor’s Office created a sentence review unit and added Harvey’s name to a list of inmates eligible for re-sentencing. Largely because of COVID-19-related court delays, that resentencing effort also stalled, but Harvey received a third chance at release when the state legislature passed the new law that specifically affects inmates facing life in prison for three second-degree robberies.

Carla Lee, who leads the sentence review unit, told PubliCola that the newest resentencing law follows a model developed in King County since the prosecutor’s office first identified Harvey as a candidate for a reduced sentence. “For a long time, you had to be able to prove that there were ‘exceptional’ circumstances to get someone released,” she said. “And our office was arguing that life sentences for second-degree robbery were ‘exceptional’ in and of themselves—in a bad way. Our model has now been legislated, so other prosecutors now have to follow it.” Continue reading “Resentencing Hearings Begin to Address Some “Three Strikes” Life Sentences”

County Exec Candidates Spar Over PACs, City Finally Funds Street Sinks

1. During a campaign debate sponsored by the King County Young Democrats on Saturday, King County Executive Dow Constantine and his challenger, state Sen. Joe Nguyen (D-34), had a testy exchange about the issue of corporate PAC contributions.

It started when Nguyen said he didn’t accept any money from “corporate PACs.” Constantine said he was “interested to hear [Nguyen] say that he doesn’t take corporate PAC money,” given that he has received thousands of dollars from political committees for credit unions, health care, dentists, beer and wine distributors, and auto dealers, as well as individual lobbyists from industry groups. “I’m fine if you want to say  you’re not taking any corporate PAC money, but just make sure that you actually weren’t taking corporate PAC money, which you clearly were,” Constantine said. 

Nguyen, sputtering a bit, responded, “I’m happy to explain the difference between an association and a PAC … and in fact, if that’s the bar, then if you did the same thing, then that’s totally fine. So feel free to do the exact same thing that I am doing, that’s totally fine.” 

Later, Constantine brought up the PAC issue again, Nguyen responded: “Are they PACs? Were they PACs?”

“Yeah,” Constantine replied.

“They’re not. So look again. Look again,” Nguyen said. “They were associations… not the corporations themselves. But if you think that’s an issue, do the same. I’m happy to have you follow my lead, so don’t take corporate PACs and call it good.”

For the record, both candidates have accepted money from PACs, although Constantine—as the more established candidate—has accepted more. Nguyen’s PAC money came during his run for state senator in 2018.

SeattleMakers’ street sink model.

2. Six months after the city council allocated $100,000 to “develop and implement a publicly-accessible sink program that utilizes the Street Sink style handwashing station model developed by the Clean Hands Collective,” Seattle Public Utilities has finally chosen two vendors to receive the money.

Slightly more than half, $60,000, will go to the Clean Hands Collective, an organization founded by Real Change that includes landscape architects and public health experts; the rest, $40,000, will go to SeattleMakers, a South Lake Union “makerspace” that designed a prototype “handwashing station” at an estimated cost of $7,250 per unit—about ten times the price of Clean Hands’ Street Sink. According to SeattleMakers’ website, the city reached out to them to design the sink. Continue reading “County Exec Candidates Spar Over PACs, City Finally Funds Street Sinks”

In Blow to Regionalism, Burien Council Tables Homeless Housing Proposal

DESC’s proposed six-story permanent supportive housing building

By Erica C. Barnett

The Burien City Council voted narrowly last week to delay a Downtown Emergency Center development that would provide 95 units of permanent supportive housing, including at least 25 units for disabled veterans.

The proposal is part of Burien’s 2019 Affordable Housing Demonstration Program, which grants zoning variances to projects that serve people at various income levels; DESC applied to build housing for people between 0 and 30 percent of area median income, the lowest income level included in the pilot.

The Burien Planning Commission approved the project unanimously in April, but council members raised objections after some residents complained that the project would harm downtown businesses and bring homeless people from other areas (like Seattle) into Burien.

It’s a common complaint leveled against projects outside the city—see also: The Red Lion hotel shelter in Renton, another DESC project—and a major challenge for the new regional homelessness authority, which is supposed to come up with a regional approach to homelessness. King County’s suburban cities tend to see homelessness as a “Seattle problem,” and many opted out of a countywide tax that would provide housing for their homeless communities, preferring to pass their own taxes to fund higher-income developments.

Just as cities can’t restrict home sales or apartment rentals to people who already live there, they aren’t allowed to ban “outsiders” from moving into low-income housing developments.

Summarizing opposition to the “contentious and divisive” project, Councilmember Nancy Tosta said at last week’s meeting that community members have raised “concerns” about the “location, scale, and the fact that this facility won’t serve [Burien’s] low-income families and may not serve our Burien homeless population,” because it will be open to homeless individuals (not families) from all parts of the county. Just as cities can’t restrict home sales or apartment rentals to people who already live there, they aren’t allowed to ban “outsiders” from moving into low-income housing developments.

“Our downtown urban center plan envisions a thriving, safe, vibrant business community, and our businesses and community members have expressed concerns about what is happening downtown and that … this facility, where it is proposed, may create more problems, Tosta said. Continue reading “In Blow to Regionalism, Burien Council Tables Homeless Housing Proposal”

Another Sweep in Ballard, Durkan Will Help Choose New Public Health Director, Anti-Union Group Launches Unhinged Attack

1. The city’s removal of a small encampment near Reuben’s Brews in Ballard, part of several scheduled encampment sweeps this week, cleared a sidewalk in front of one business while, less than a block away, other people living in other tents were left alone for now. The city, as we’ve reported, is increasing the pace of encampment sweeps to previous, pre-COVID levels, using a reconfigured and renamed Navigation Team (now known as the HOPE Team) to do outreach and tell people about available shelter beds before they have to leave.

The city prioritizes encampments based on a number of factors, but one is “emergent complaints” from businesses and housed neighborhood residents who contact the city.

Ballard is full of encampments, because Ballard is full of people who have nowhere to live. A spokeswoman for Mayor Jenny Durkan’s office said the city “requested that outreach efforts… intensify this week with the goal of getting all who are onsite situated into shelter and on a path towards a permanent housing solution,” which suggests that the city has sufficient, desirable shelter and “permanent housing solutions” for everyone who is willing to accept its help.

This, of course, is not true. Although the city has now separated the work of the renamed Navigation Team from actual encampment sweeps (which are performed by Parks cleanup crews), the effect of doing outreach (or, controversially, directing nonprofits that serve specific subpopulations to do the work for them) prior to a sweep, the result is still that people pack up and leave because they know a sweep is coming.

In language strikingly similar to the city’s standard response about Navigation Team actions prior to the pandemic, the spokeswoman said, “the HOPE Team has made at least 130 referrals to shelter from high-priority sites such as Rainer Playfield, Miller Park, University Playground, Gilman Playground, Albert Davis Park, and Broadway Hill.”

Some do go into shelter (the HOPE Team has exclusive access to a large number of beds that aren’t available to other outreach teams); according to the mayor’s office, the outreach provider REACH offered shelter to eight people remaining onsite, and two “accepted shelter referrals.” (Referral “acceptance” is not the same thing as checking in to a shelter.)

In language strikingly similar to the city’s standard response about Navigation Team actions prior to the pandemic, the spokeswoman said, “the HOPE Team has made at least 130 referrals to shelter from high-priority sites such as Rainer Playfield, Miller Park, University Playground, Gilman Playground, Albert Davis Park, and Broadway Hill. A referral indicates that an individual experiencing homelessness has accepted an offer of shelter and they have been connected to an open shelter resource. The majority of these referrals have been into new hotel-based shelter resources.” 

Those resources consist primarily of about 140 beds at the downtown Executive Pacific Hotel. (Another hotel, King’s Inn, is for American Indian and Alaska Native individuals and is currently full.) As of January 2020, there were at least 12,000 people experiencing homelessness in King County.

The actual selection of a new Public Health director, however, will be up to two elected officials, Seattle Mayor Jenny Durkan and King County Executive Dow Constantine. Constantine is up for reelection in November and has an opponent, state Sen. Joe Nguyen. Durkan is leaving.

2. King County Public Health Department director Patty Hayes announced her retirement this week after seven years in the position; Dennis Worsham, the director of the department’s Prevention Division, will be her interim replacement. The county also announced an advisory committee of stakeholders that will “inform the process for recruiting and selecting the next permanent director.”

The actual selection, however, will be up to two elected officials, Seattle Mayor Jenny Durkan and King County Executive Dow Constantine. Constantine is up for reelection in November and has an opponent, state Sen. Joe Nguyen. Durkan is leaving.

Constantine has been lauded for the county’s timely, prudent public health response during the pandemic, thanks in huge part to the now nationally-recognized leadership of public health officer Jeff Duchin.

The same can’t be said of Durkan, who spent millions renting a hotel for first responders that stood empty while homeless people languished in encampments and crowded shelters; belatedly rented two shower trailers at an astronomical cost while King County deployed similar units at a fraction of the cost; closed restrooms throughout the city and replaced them with unsanitary “sanicans”; delayed the deployment of sinks for people to wash their hands, arguing that “Purell on a pole” could serve the same purpose at lower cost; and resisted providing hotel rooms for people living unsheltered, despite ample evidence that private rooms improve public and individual health for people experiencing homelessness.

PubliCola asked the health department about the timeline for choosing a new director; James Apa, a spokesman for the department, said that’s up in the air, but that the committee should interview finalists “by the end of the year.” Since the mayoral election is November 3, I asked whether the mayor-elect will have a role in the selection process between their election and when the new mayor takes office next January. Apa responded, “We’ll have a better sense of timeline when recruitment begins, and that will determine who’s involved in decision-making.”

3. The Freedom Foundation, an anti-union, anti-government, anti-tax group whose tactics include lawsuits, public relations campaigns, and pressure tactics to convince workers to leave their unions, has turned their sights on MLK Labor Council executive secretary-treasurer Nicole Grant, urging union members to “stop supporting Nicole Grant” by opting out of their union membership. Continue reading “Another Sweep in Ballard, Durkan Will Help Choose New Public Health Director, Anti-Union Group Launches Unhinged Attack”

Guest Post: New Affordable Housing Dashboard Promotes Transparency and Accountability 

by Claudia Balducci

It’s no secret we have a dramatic housing shortage in King County. This has real human consequences, leaving too many with insecure housing and contributing to an unacceptably high level of homelessness. Many people and organizations – public and private – have been working hard to tackle the problem. We’ve seen increased investment at all levels of government and from private companies, partnerships to provide affordable housing near transit, new funding sources to support subsidized housing, zoning changes to allow more housing in some areas, new regional collaborations, and much more.

But the headlines keep coming: housing costs continue to rise and COVID times have brought job loss and the risk of housing loss for many more people than before. Many thousands of families spend more than half their income on housing, leaving them just one extra expense away from homelessness. Questions should be asked:  Are our efforts enough? What more must we do to ensure that people have access to the housing that they need and deserve? To understand the answers to those questions and to be sure our efforts are working, we needed to know more.

That’s why I’m excited to share that this week the Growth Management Planning Council’s Affordable Housing Committee, which I chair, released a Regional Affordable Housing Dashboard to track our county’s progress toward our goals. This new tool will help hold us all accountable to the bold and ambitious goals set by the Regional Affordable Housing Taskforce to build or preserve 44,000 affordable homes by 2024 and 244,000 homes by 2040.

The dashboard will help jurisdictions track their progress, arm housing advocates with data to make their cases, and provide the public with information to hold elected leaders accountable.

To our knowledge, no dashboard like this has ever been built. The dashboard will help jurisdictions track their respective progress, arm housing advocates with data to make their cases, and provide the public with information to hold elected leaders accountable. The dashboard’s “Jurisdictional Snapshots” section offers information about housing affordability and policy enactment by city. Additionally, a wide variety of affordable housing data— from housing policies to transit-oriented development and displacement—are available for download either as raw data or charts.

The tool itself illustrates the power, and challenge, of working together. The Affordable Housing Committee, which is composed of 19 elected, nonprofit and business leaders, provided an umbrella for the hard work it took to identify data sets, analyze the data and reach agreement on how to interpret the data.  This collaboration across our county is something to celebrate.

Here’s what the dashboard tells us already:

• King County lacks an adequate supply of affordable homes for the lowest-income renters who must compete for the limited number of rental homes affordable to them in the private market. Only 27 units are affordable and available for every 100 extremely low-income households (those making between 0 and 30 percent of Area Median Income, or AMI).

  • Black households are severely cost-burdened (defined as paying more than half of one’s salary for housing) at twice the rate of white households. Twenty-six percent of Black households are severely cost-burdened, as compared to 13 percent of white households.
  • Our region established a goal to build or preserve 44,000 homes affordable to households with incomes at or below 50 percent of AMI between 2019 and 2024. To meet this goal, we need to create 8,800 affordable units per year; but in 2019, only 1,595 affordable units were created.

Continue reading “Guest Post: New Affordable Housing Dashboard Promotes Transparency and Accountability “

County Executive Dow Constantine, Seeking Reelection: “The Status Quo Has Been Upended”

By Erica C. Barnett

King County Executive Dow Constantine, who served in the state legislature and on the King County Council before beating eight other candidates for county executive in 2009, was supposed to run for governor—until the current governor, Jay Inslee, decided he wanted to keep the job. With a bid for higher office thwarted until at least 2024, many political observers expected Constantine to step down this year rather than seek a fourth term.

Then the pandemic hit, and suddenly, all eyes were on King County and its public health department, whose capable response to a fast-moving, ever-evolving crisis made the county a model for the nation. Constantine decided to run again, and for the first time in 12 years, drew a credible opponent—Democratic state Sen. Joe Nguyen, who represents the same West Seattle district Constantine did in the state House and Senate. (In a further twist of internecine West Seattle politics, Nguyen defeated Shannon Braddock, who’s now Constantine’s deputy chief of staff.)

I sat down with Constantine over Zoom last week, and started out by asking him why he decided to seek another term.

Dow Constantine: I mean, I was thinking about running for governor, but then the governor ran for governor. And because I’m a good Democrat, and I want to ensure that we have Democratic leadership in Olympia, I chose not to run for governor along with all the other potential candidates.

I have lots of options in life. But the best opportunity right now coming out of this crisis is to advance the work we’ve been doing. I think this is a unique, exciting moment where the status quo has been upended. And a lot of the things that we have been dutifully building toward in equity and social justice and environmental restoration and police transformation and so forth become dramatically more possible. So, you know, once the, the COVID crisis started, we’ve been in it, and there’s really been no looking back.

PubliCola: Looking back over the last 14, 15 months of the pandemic, is there anything that you would have done differently in the early months, if you had known kind of how things would turn out?

With hindsight being 20/20, instead of trying to distance people in a congregate setting, like in shelters, we would know that having people just farther apart but all in the same room, was still going to be problematic. We [eventually] moved to the hotel model, which immediately and dramatically slowed the spread of the disease. Obviously, if we had more knowledge at the time, we might have made different choices about requiring mask use early on, or getting people into hotels and single-room settings rather than shelters. But in general, I think that the people responded well to a crisis with a lot of unknowns.

“Simply saying that the government can’t be involved in anything that in any way facilitates someone using the substance to which they are clearly physically addicted is just inhumane.”

PC: One of the things [Downtown Emergency Service Center director] Daniel Malone has said since early in the pandemic, when DESC moved people from their downtown shelter to the Red Lion in Renton, is that they’re never going to go back to the way things were, with people staying in overcrowded, congregate shelters. And yet it feels like that’s kind of what’s happening at the city level. Do you think that in a year or two years, we’re going to be right back where we were?

DC: That is not what the county is doing. Other than in isolated cases, for an immediate overnight emergency, we’re not going to be investing in mats-on-the-floor, get-kicked-out-in-the-morning shelters, because we have seen what having a room of your own, a place of your own, even just space of your own, can do for people.

It used to be that people were very focused on long-term, purpose-built, supportive housing, and it was sort of, we’ll just wait and let people rotate through these congregate shelters until those things are ready. With some exceptions, I think we’re moving much more toward a model where we try to get everyone a place that is genuinely a better alternative to the streets or a tent—a place that has a lock on the door with their own bathroom and some dignity and the ability to get rested and cleaned and centered. And that seems like kind of an obvious thing. But the pandemic created the opportunity to demonstrate how much better that works than a congregate shelter setting.

“I do think it’s likely that we want to find [a new sheriff] who is an outsider, someone who doesn’t owe anyone anything and is not beholden to people so that they can make difficult decisions and see things with clear eyes.”

PC: The opiate task force came out with its recommendations almost five years ago, and I remember at the time thinking that, in particular, the [supervised consumption site] recommendation was never going to happen. And sure enough, it hasn’t. Why do you think that is? And do you think the county has come through as promised on the remaining recommendations, including access to treatment on demand?

DC: I do think that the task force was correct that a safe, monitored place would save lives. And we’re seeing continued deaths from heroin that’s tainted with fentanyl, for example. And for the parents, for the families who’ve lost their children, the moralizing that I come across in the media about not facilitating drug use rings kind of hollow. Simply saying that the government can’t be involved in anything that in any way facilitates someone using the substance to which they are clearly physically addicted is just inhumane.

Will we, as a practical matter, be able to get one of these things up and running? I don’t think, unless there’s a significant political change, that it’s going to be possible to do. But I will say this. The advances in both treatment and the drugs to reverse overdose mean that it’s absolutely imperative that people not be in basements and alleys and other places where they don’t have eyes on and them can’t get help, because we can save lives in the short run. And we can save people from addiction over time. And we have much better mechanisms that we had even a decade ago to do that.

“It is the state of Washington that requires us to have a youth detention facility. And we would very much welcome the state legislature actually removing that legal obligation, and instead providing us with the funds and the mandate for alternatives.”

This is not your question, but this has been bugging me lately. There are a lot of people on the streets who have some level of opioid dependence. And some of them had it before they were homeless, and a lot of them developed it on the streets and are at grave risk because of tainted drugs that can come in to the community. And there have been plenty of suburban kids and parents who have died. But I continue, as I make calls, to hear this basic, moralistic perspective—like, they’ve just got to get off the junk, and then we can offer them all these services.

And we know that’s not how it works. Getting just some solid ground under people’s feet first is an almost indispensable prerequisite to people being able to succeed in treatment. When you’re fighting for survival every night, it’s very hard to adhere to some sort of program that’s going to help you get off of whatever you’re addicted to. Continue reading “County Executive Dow Constantine, Seeking Reelection: “The Status Quo Has Been Upended””

County Invests in Hotel-Based Shelter, SPOG Campaigns for Sawant Recall, Durkan Records Requests Raise Disclosure Questions

1. In his State of the County address Tuesday, King County Executive Dow Constantine announced that the county would purchase the Inn at Queen Anne, which has been serving as a temporary shelter operated by Catholic Community Services since April of last year.

The 80-room hotel, which CCS will continue to operate, will cost the county $16.5 million; the money will come from the new “health through housing” sales tax that the county council passed—with some notable abstentions from suburban cities—late last year. The county plans to purchase “several more properties in several more cities … in the coming weeks,” Constantine said in his address.

Even as the county moves to buy hotels, the city of Seattle is pushing in the opposite direction.

In an interview yesterday, Constantine said he saw the hotels as “stops on the way to permanent supportive housing or independent housing, including affordable housing—places where you could live for a while and stabilize and take advantage of services.” Traditional, congregate shelters, including “enhanced shelters” like Seattle’s Navigation Center, don’t offer the kind of privacy and stability hotel rooms provide; “the difference between being able to come inside for the night and having a place of your own with a lock on the door seems to be everything,” Constantine said.

Even as the county moves to buy hotels, the city of Seattle is pushing in the opposite direction. Between now and June, Seattle plans to close down a temporary shelter at Exhibition Hall and relocate the people living there into shelters whose populations were “redistributed” last year, including the Navigation Center. After resisting calls to move Seattle’s homeless population into hotel-based shelters, the city finally rented about 200 hotel rooms this spring—a temporary solution (the rooms will be occupied for 10 months) and one that represents a fraction of the need. At the same time, Seattle is ramping up homeless encampment sweeps.

Asked about the apparent contrast between the county’s approach and Seattle’s, Constantine said, “first off, we can’t let the perfect be the enemy of the good. If people need a place to be inside at night, we have to figure out a way to make that happen.” However, he added, “If you’re going to move people out of an encampment, at a bare minimum, you can’t just chase people from one street corner to another or one park to another. That is tremendously unhelpful.”

Constantine is up for reelection this year; his challenger, state Sen. Joe Nguyen, told PubliCola he supports the regional homelessness authority that the county is setting up but thinks the county has failed forge partnerships with the leaders of cities within the county.

The email, which the police union sent to its members last Friday, asked off-duty officers to appear in plain clothes to collect signatures and wave anti-Sawant signs at four Capitol Hill intersections on Saturday and Sunday.

2. The Seattle Police Officers’ Guild (SPOG) asked its members to participate in signature-gathering events for the Recall Sawant campaign over the weekend, according to an email from SPOG leadership.

The email, which the police union sent to its members last Friday, asked off-duty officers to appear in plain clothes to collect signatures and wave anti-Sawant signs at four Capitol Hill intersections on Saturday and Sunday.

Recall Sawant campaign manager Henry Bridger II told SPOG members in the email that their presence would help “beef up” an otherwise meager group of volunteers. “Our goal is to have about 40+ people each day and we have about 15 right now and many probably won’t show for fear of retaliation,” he wrote, warning that “Sawant’s people will be there in mass [sic] to interfere.”

“We are just wanting to have plain-clothed volunteers to help hold signs and gather signatures so we look like we have a lot of coverage,” Bridger added. He also asked officers to bring their family and friends to boost turnout.

SPOG’s push for turnout seems to have fizzled: Twitter chatter about campaign volunteers at the intersection of Broadway and Denny suggests that few recall supporters showed up at the campaign event.

3. On Monday, the Seattle Ethics and Elections Commission held a brief discussion on a report that prompted outrage from major-media outlets last week because it revealed that Mayor Jenny Durkan’s office had failed to produce many of her text message in response to records requests in 2020.

Specifically, the report—produced by independent public disclosure expert Ramsey Ramerman in response to a whistleblower complaint by two longtime mayoral public disclosure officers—found that 10 months of Durkan’s texts were missing, and that the mayor’s office had routinely excluded Durkan’s texts from requests for text messages from mayoral staff, on the grounds that the requests didn’t explicitly include the mayor.

The report, posted on the city’s website last week, was a bombshell, but it seemed to hit major media outlets somewhat differently than it hit us at PubliCola, for a simple reason: While we have filed dozens of records requests for text messages and other forms of communication, such as messages on internal City messaging systems, during the Durkan administration, we have routinely received only emails in response—a fact that suggests Durkan and her entire staff don’t use text messages, internal communications systems, or any other form of written communication other than email at all.

Since we know this is not the case (in fact, a quick text history search found a number of messages that would have been responsive to some of our requests), the only conclusion we can reach is that the mayor’s office did not provide records that would have been responsive to our requests, despite having the ability to do so and despite apparently filling other media outlets’ requests for text messages and other forms of communication. (A full list of PubliCola’s records requests to the mayor’s office since August 2018 is available here.) Continue reading “County Invests in Hotel-Based Shelter, SPOG Campaigns for Sawant Recall, Durkan Records Requests Raise Disclosure Questions”

Deputy Mayor Sixkiller Joins Crowded Mayoral Race; Police Union Joins Calls for Sheriff’s Resignation

Deputy mayor Casey Sixkiller at the opening of King’s Inn hotel shelter.

1. Deputy Mayor Casey Sixkiller joined the crowded race for mayor Tuesday, after months of hinting that he would make an announcement soon. He told PubliCola that, if elected, he would propose a bond measure, backed by a property tax increase, to build 3,000 new permanent homes for people experiencing homelessness; back a local version of universal basic income; and work to find “common ground” between people on all sides of the homelessness issue.

“If there’s one issue that we can all agree on, it’s that the conditions of our parks and our streets is unacceptable, and despite spending a record amount of money, homelessness has gotten worse,” Sixkiller said. “One part of the strategy for homelessness going forward is, number one, continuing to move more folks inside and creating safe spaces for people to move into shelter, but second, we’ve got to build or require more permanent places for folks to [live].”

Sixkiller is leaving the mayor’s office to campaign full-time.

As deputy mayor, Sixkiller was in charge of overseeing Mayor Jenny Durkan’s response to homelessness. In that role, he often clashed with the city council, defending Durkan’s reluctance to open more restrooms for unsheltered people early in the pandemic and proposing a huge new “shelter tent” for homeless people in early April of last year, when it had already become clear that COVID-19 could spread quickly in mass shelters. But he also advocated for hotels as a replacement for congregate shelters later that year, negotiating a compromise between the mayor (who was not a fan of hotels) and the council that ended up resulting in about 200 hotel-based shelter beds, with another hotel in north Seattle on the way.

“I think what the charter amendment underscores is that folks across our city and from all ends of the spectrum want to see results… both for folks that are experiencing homelessness and those impacted by it. As an organizing principle, it’s a really important thing.”—Casey Sixkiller

Sixkiller wouldn’t say whether he supports the “Compassion Seattle” initiative, which would impose a new human services spending mandate on the city and lays out conditions for future sweeps. “I’m still looking at” the proposal, he said, adding, “I think what the charter amendment underscores is that folks across our city and from all ends of the spectrum want to see results… both for folks that are experiencing homelessness and those impacted by it. … As an organizing principle, it’s a really important thing.”

Before joining the mayor’s staff, Sixkiller worked briefly as the chief operating officer for King County. Prior to that, he founded a D.C.-based lobbying firm, Sixkiller Consulting, with his wife.

So far, there are 16 candidates in the mayoral race; the filing deadline is May 21.

2. Sixkiller’s departure leaves an open position at the mayor’s office, but not for long; Durkan’s office says they plan to bring former deputy mayor David Moseley out of retirement to take Sixkiller’s place. Moseley will take over most of Sixkiller’s portfolio, which includes transportation, utilities, parks and housing, but deputy mayor Tiffany Washington will be in charge of homelessness.

Washington headed up the city’s Homelessness Strategy and Investment division until 2019, when she resigned to take a position in the city’s Department of Education and Early Learning. Her relationship with the city council could charitably be described as tense; her explanations for city policies such as an earlier increase in encampment sweeps were often vague and inconsistent, and was often defensive in response to criticism, including from journalists who questioned the city’s sunny claims about homelessness.

Durkan hired Washington for her current position last year.

3. The latest call for King County Sheriff Mitzi Johanknecht’s resignation is coming from inside the house: on Monday, the King County Police Officers’ Guild—the union representing most of Johanknecht’s sworn officers—joined county and state lawmakers pressuring Johanknecht to step down from her post.

Guild President Mike Mansanarez told PubliCola on Tuesday that his union’s members have lost confidence in Johanknecht’s competence as a leader and ability to communicate with her officers and other county leaders. “The rank and file don’t see [Johanknecht’s] leadership team—they don’t come to the precincts,” he said. He added that union members are frustrated with some of Johanknecht’s appointment decisions, and with the sheriff’s perceived willingness to overlook misconduct by her appointees.

Opposition to Johanknecht grew in March, after the county reached a a $5 million settlement with the family of Tommy Le, a 20-year-old killed by King County Sheriff’s deputy Cesar Molina in 2017. Continue reading “Deputy Mayor Sixkiller Joins Crowded Mayoral Race; Police Union Joins Calls for Sheriff’s Resignation”

State Senator Joe Nguyen Will Challenge King County Executive Dow Constantine

By Erica C. Barnett

Now that the 2021 Washington state legislative session has ended, Sen. Joe Nguyen has made it official: He’s running against three-term King County Executive Dow Constantine, who hasn’t had a serious challenger since he first beat Republican Susan Hutchinson in 2009. PubliCola first reported that Nguyen was considering a run for county executive.

PubliCola spoke with Nguyen on Monday about his time in the legislature (just two years so far), his ambitious platform, and his path to victory over a fellow Democrat who has sailed to reelection twice with double-digit margins. Our conversation has been edited for clarity and length.

PubliCola: Lay out the case against the county executive for me: Why should voters get rid of a progressive, popular, experienced leader and hire you instead?

Joe Nguyen: I’m running for this position because the pandemic has exposed so many of the inequities that our communities have experienced for so long. Coming from a community that has historically been marginalized [White Center and Burien], I see the impact when you have failures in policy that have been exacerbated by this pandemic.

We’ve had an emergency in homelessness for almost a decade at this point and they’re just now getting [the regional homelessness authority] set up. I do think the regional approach is right and Marc Dones is going to do a fantastic job in that role. … [But] one of the biggest failures of the regional approach is… the fact that they have not had trust between local leaders to get it done. Instead of making a decision and then telling local leaders after the fact, imagine if they had been part of the conversation all along.

Right after Renton passed their ordinance [attempting to shut down a homeless shelter at the Red Lion hotel], which I didn’t agree with, instead of trying to flame them, I called them to find out what they didn’t agree with it. And it was kind of eye-opening: While they supported having the facility there, the resources and the follow-up didn’t flow. The reason there was that tension was because of how that engagement happened. You can’t just make decisions and then back out—there has to be an ongoing partnership.

“I had been fighting to get those resources to my communities and was being ignored, and the only time anyone listened to me was when I signed the letter” urging Gov. Inslee not to close restaurants.

PC: The regional homelessness authority is at least seven months behind schedule at this point, and the city of Seattle and some of the suburban members fundamentally disagree on basics like causes and solutions. Some of the suburban cities seem to believe that Seattle wants to impose its Seattle solutions on them. Do you think the regional approach can still work at this point, given some of those very basic disagreements?

JN: I do think it’s going to work, because it has to work—because that’s the best option we have. I think we have to have leaders who are truly engaged in the fight and not just when it’s convenient. At the legislature, you’d be surprised at how much you get done when you aren’t trying to just get credit and when you actually engage in the local communities.

PC: You signed a letter last year that urged Gov. Inslee not to close down restaurants in response to a resurgence of COVID cases across the state. Why did you sign that letter, and how would you have responded to the pandemic differently than the Executive?

JN: What I was frustrated by was in my district, in White Center, in South King County, you had some of the highest rates of COVID in Washington state because of the inequities that already existed. I had been fighting to get those resources to my communities and was being ignored, and the only time anyone listened to me was when I signed the letter with the moderate Democrats. [Other Democrats who signed the letter included Steve Hobbs, D-44 (Everett), Mark Mullet, D-45. Tukwila, and Southeast Seattle Sen. Rebecca Saldaña, D-37.] I supported keeping restaurants closed, but I was saying that people are having to choose between their health and their livelihood.

After that, we were able to get  $100 million and tens of thousands of dollars to local restaurants and workers. I made a big show out of it and, frankly, it worked.

“If your approach to ending youth incarceration is to build a bigger jail, that’s a fundamental difference between you and me.”

One of the things I get frustrated by is when leaders declare that the mission is accomplished while ignoring that there are still gross inequities in society. We declared racism a public health issue last summer and then the [vaccine] rollout was inequitable. Being from White Center, being from this community, I had connections with the local leaders I met and talked to local leaders to help with the vaccine distribution. Being able to partner behind the scenes with some of the agencies to get the vaccine out to certain areas, partnering with community organizations, and doing that quickly without fanfare was important, because it wasn’t time for photos ops, it was time to get things done because people are literally dying. Continue reading “State Senator Joe Nguyen Will Challenge King County Executive Dow Constantine”

Calls for King County Sheriff Resignation Expand Beyond County Council

Sheriff JohanknechtBy Paul Kiefer

County and state lawmakers continue to join the chorus calling for King County Sheriff Mitzi Johanknecht to resign for comments she made in a department-wide email about the killing of 20-year-old Tommy Le by a sheriff’s deputy in Burien in 2017. On Thursday, state senator Joe Nguyen (D-34, West Seattle) became the latest elected official to add his voice, joining three county council members.

Johanknecht sent the email at the heart of lawmakers’ criticisms only hours after a March 24 press conference at which Le’s family announced a $5 million settlement with King County for their son’s death. The email’s contents were first reported by the South Seattle Emerald.

In the department-wide email, Johanknecht shared her “appreciation of the difficulty” of Deputy Cesar Molina’s decision to shoot and kill Le, who was unarmed. Johanknecht also wrote that the county’s settlement with Le’s family—which implied some admission of wrongdoing by her department—was “not a reflection of how [Johanknecht] view[s] the actions of Deputy Molina in this incident.”

In a statement on March 26, King County Councilmember Joe McDermott said that the sheriff’s email “was, in the most charitable light one might muster, disrespectful to the young person who was killed, to his family and our entire community.”

Both Le’s shooting and the internal investigation into his death have sparked scrutiny by police accountability advocates and lawmakers. A critical review of the investigation by the county’s Office of Law Enforcement Oversight in September 2020 identified an array of flaws in the internal review into Le’s death, which an internal review board determined to be justified in 2018. Those flaws included the internal investigators’ failure to note that two of the six shots that Molina fired hit Le in the back, contradicting Molina’s assertion that he fired at Le in self-defense. Though Johanknecht was not sheriff at the time of Le’s death, she assumed leadership of the department during the investigation into the incident.

The publication of Johanknecht’s email spurred King County Councilmember Joe McDermott to join Le’s family in calling for the sheriff’s resignation; in a statement on March 26, McDermott said that the email “was, in the most charitable light one might muster, disrespectful to the young person who was killed, to his family and our entire community.”

Johanknecht maintains that she has no plans to resign, but as the county’s transition from an elected sheriff to an appointed sheriff in 2022 looms on the horizon, her future with the department may be limited.

McDermott’s call for Johanknecht’s resignation was preceded by that of County Councilmember Dave Upthegrove, who quietly expressed his opposition to Johanknecht in a March 12 Facebook post in which he shared his support for relatives of Black victims of police shootings in King County and called for Johanknecht to step down for “her failure to treat racism with the seriousness it requires.”

On Wednesday, Councilmember Girmay Zahilay became the third council member to call for Johanknecht’s resignation. In a series of tweets, Zahilay wrote that a sheriff’s comments were evidence that she presents a barrier to police accountability and “do not reflect the values we need in that office.” Sen. Nguyen, who voiced his support for Johanknecht’s resignation on Twitter a day later, called the email “dehumanizing, disrespectful [and] dismissive.” Continue reading “Calls for King County Sheriff Resignation Expand Beyond County Council”